home *** CD-ROM | disk | FTP | other *** search
- <text id=90TT0385>
- <link 90TT0940>
- <title>
- Feb. 12, 1990: Buddy, Can You Spare A Dime?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Feb. 12, 1990 Scaling Down Defense
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 55
- Buddy, Can You Spare a Dime?
- </hdr>
- <body>
- <p>A federal judge protects panhandling as a form of free speech
- </p>
- <p> Do the poor have a constitutional right to beg? Yes, says
- New York federal district-court judge Leonard Sand. In a novel
- ruling, Sand found that panhandling is a form of free speech
- protected by the First Amendment. "A true test of one's
- commitment to constitutional principles," he wrote, "is the
- extent to which recognition is given to the rights of those in
- our midst who are the least affluent, least powerful and least
- welcome."
- </p>
- <p> The case grew out of attempts by the Metropolitan Transit
- Authority to crack down on panhandling in New York City subway
- cars and stations, but the ruling has nationwide implications.
- Seeking to stem the proliferation of needy and homeless in a
- system that serves 1 billion passengers a year, the MTA last
- October launched its so-called Operation Enforcement. Within
- weeks, two homeless panhandlers--Papa Joe Walley, 50, and
- William Young Jr., 40--complained to the Legal Action Center
- for the Homeless that they were being harassed by the police
- while begging in the subway. The center filed a class action
- against the MTA on behalf of Walley, Young and others like
- them.
- </p>
- <p> In his ruling, handed down two weeks ago, Judge Sand
- indicated that the MTA had gone too far by imposing a total ban
- instead of specifying the times, places and types of begging
- that it considered out of bounds. "While the government has an
- interest in preserving the quality of urban life," wrote Sand,
- "this interest must be discounted where the regulation has the
- principal effect of keeping a public problem involving human
- beings out of sight and therefore out of mind."
- </p>
- <p> Advocates for the needy applauded the decision, which has
- continued to reverberate nationally. "If you silence a beggar,
- you cut off one of his or her most effective means of
- communication and advocacy," said Douglas Lasdon, executive
- director of the Legal Action Center for the Homeless. "If the
- homeless have received any assistance, it is because their
- pleas have been seen and heard." Burt Neuborne, a law professor
- at New York University, concurred, arguing that "to the extent
- subways are simply extensions of the streets, the same freedoms
- should apply in both places." But the MTA denounced the judge's
- action and said it would appeal. "The subway is there for one
- purpose and one purpose alone: to move people from one place to
- another," said Chairman Robert Kiley. "We are not the same as
- an auditorium or an arena or even a street."
- </p>
- <p> Judge Sand's opinion runs contrary to the traditional
- American legal view of begging. Although panhandling involves
- speaking, the activity has not generally been viewed as a First
- Amendment issue. Throughout history, begging has been
- regulated, monitored and sometimes prohibited; half the states
- in the U.S. currently have statutes that limit or ban begging.
- Yet Sand's reasoning could prove persuasive to other courts in
- search of answers to the problem of panhandling by the
- homeless. Moreover, his ruling is in line with three cases in
- the past decade in which the U.S. Supreme Court has held that
- professional fund raisers have a First Amendment right to seek
- donations.
- </p>
- <p> Overly aggressive or dangerous panhandlers, however, will
- not automatically enjoy legal protection. "Judge Sand's ruling
- doesn't say a beggar can corner people or abuse them,"
- explained Columbia law professor Vincent Blasi. "The First
- Amendment protects only the right to ask, not the right to
- harass." In fact, several days after his ruling, Judge Sand
- modified the decision to allow the MTA to regulate panhandling
- more selectively by banning solicitations on moving subway
- cars and near token booths.
- </p>
- <p>By Andrea Sachs.
- </p>
-
- </body>
- </article>
- </text>
-
-